Federal court: School district violated Constance McMillens 1st Amendment rights

A Mississippi federal court ruled March 23 that Itawamba Agricultural High School in Fulton, Miss., violated student Constance McMillen’s First Amendment rights when it canceled the prom rather than let her attend with her girlfriend.

The U.S. District Court in Aberdeen stopped short of ordering the school to put the prom back on the calendar because of assurances that an alternative prom being planned by parents will be open to all students.

The American Civil Liberties Union had sought an injunction stopping the school district from canceling the prom and from prohibiting McMillen from bringing her girlfriend as a date and wearing a tuxedo to the event.

“It feels really good that the court realized that the school was violating my rights and discriminating against me,” McMillen, 18, said. “All I ever wanted was for my school to treat me and my girlfriend like any other couple that wants to go to prom. Now we can all get back to things like picking out our prom night outfits and thinking about corsages.”

In the ruling, Judge Glen Davidson wrote: “The record shows Constance has been openly gay since eighth grade and she intended to communicate a message by wearing a tuxedo and to express her identity through attending prom with a same-sex date. The Court finds this expression and communication of her viewpoint is the type of speech that falls squarely within the purview of the First Amendment. The Court is also of the opinion that the motive behind the School Board’s cancellation of the prom, or withdrawal of their sponsorship, was Constance’s requests and the ACLU’s demand letter sent on her behalf.”

ACLU of Mississippi Legal Director Kristy Bennett commented, “Public schools can’t just stomp on students’ free-expression rights just because they don’t want to deal with these students, and if schools do try to do that they’ll be dealing with us.”

McMillen’s case attracted widespread national attention, and a Facebook group set up to support her has amassed 418,348 fans.

By Rex Wockner